Town of Otsego Planning Board

Minutes - October 2, 2007

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:31 PM. Roll call was taken by Planning Board Clerk Bill Deane. Members
present were Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, and Joe Galati. Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer John
Stucin were also present. Member Doug Greene was absent.

The Board referred to the minutes of September 4, 2007, mailed to the members. Borgstrom moved to approve the minutes as written. Phillips seconded the motion and it was
approved, 5-0.

Zoning Enforcement Officer Stucin distributed copies of his report (filed) for September-October. It listed his receipt of one Planning Board application, one Zoning Board
of Appeals (ZBA) application, and eight land use permits issued.

Chairman Lord reviewed correspondence received since the last meeting:

a.. Copies (distributed to the members) of a guide from Otsego County Clerk Kathleen Sinnott Gardner, regarding requirements for filing subdivision maps with her office.
b.. A flier (passed around to the members) about a seminar, "Zoning, Subdivision and Land Development Law," to be held at Syracuse on October 26.
With no further correspondence, the Board moved on to applications.

APPLICATIONS

John Nichols - Site plan review, demolition & replacement of house in Otsego Lakeshore protection area - 6870 State Highway 80 (#69.44-1-17.00)

Donna Borgstrom read aloud the minutes of September 4 relevant to this application. Engineer Hans DeWaal submitted documents requested at that meeting, and
Board members reviewed them. Bill Deane reported that on September 18 Nichols had appeared before the ZBA, which deemed his application complete and scheduled a public
hearing for October 16.

Chairman Lord expressed concern about the increase of impervious surfaces close to Otsego Lake. DeWaal described the seepage pit designed to mitigate that
effect.

Borgstrom moved to deem this a Type II action, per New York State Environmental Quality Review Act (SEQRA), section 617.5, (c)(9). Joe Galati seconded the
motion and it was approved, 5-0.

Borgstrom moved to deem the application complete. John Phillips seconded the motion and it was approved, 5-0.

Lord noted that the property is within 500 feet of the Town of Springfield line, and that by General Municipal law #239M, the site plan should be sent to
the County Planning Board as a requirement and the Springfield Planning Board as a courtesy. Phillips moved to do so, Borgstrom seconded the motion, and it was approved,
5-0. Deane said he would mail the site plans the next day.

Phillips suggested waiving the public hearing, in view of the ZBA's scheduled hearing. Lord said there was nothing to lose by waiting for the result of the
ZBA hearing.

Chairman Lord advised applicant John Nichols that, if he were not able to attend future meetings, he should write a letter authorizing DeWaal to represent
him.

John McGillvray - Sketch plan conference, minor subdivision - Buck Road (#83.00-1-25.02)

Applicant John McGillvray submitted a survey map with penciled-in lines, showing his proposed subdivision of a 25.31-acre lot into three lots of
approximately 17, 4.5, and 3.5 acres, respectively. Chairman Lord noted that, since 1987, the current lot had been split into two, and the two lots then rejoined into the
original lot; however, even if that were considered a previous split, this would still qualify as a minor subdivision.

Board members noted that the proposed lots meet acreage and frontage requirements, and there seemed to be no Land Use Law issues with the subdivision. In
answer to membetrs' questions, McGillvray said that there were no easements or rights of way on the property.

The Board provided McGillvray with copies of the Town's Land Subdivision Regulations, Sections 4.5 (Lots) and 5.2 (Minor Subdivision Plat) to help him in
filing a formal application. Lord told him he would also have to provide a list (from the County) of neighbors within 200 feet of the property, and their addresses. Bill
Deane asked him to give the Board at least two weeks' notice when he was ready to come back before them.

OTHER BUSINESS

Steve Purcell introduced himself. Purcell is an applicant for the vacant Planning Board position.

Chairman Lord gave an update on the Comprehensive Plan. He said that a long Environmental Assessment Form would be completed by the Town Board on October
3, a public hearing would be held on October 10, and the plan could be passed as early as November.

Attorney Ferrari distributed copies of a memo containing his proposed solution to the problem of "structure" in the Land Use Law. Chairman Lord asked
members to review it and the Law before the next meeting, and be prepared to decide whether this will solve it.

Attorney Ferrari reported that the Article 78 petition against the Votypka decision had been withdrawn, so the matter is concluded. He noted that there had
been no complaints about Votypka's business.

Bill Deane discussed the November 13 agenda, noting the date change due to Election Day. He said that John Nichols would be returning, and that Joe Galati
had two sketch plan conferences to bring before the Board.

With no further business, at 8:46 PM Donna Borgstrom moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk